A citizenship of children

The increasingly growing number of mixed families (where a husband or a wife of a citizen of Lithuania is an alien) as well as intensive emigration from Lithuania cause the problems of a citizenship of children, including the problem of dual citizenship, that become more and more important.

The legal norms of Lithuania regulate the problems of the citizenship of children on the base of filiation, i.e. a child acquires the citizenship of Lithuania by birth. Granting the citizenship of Lithuania by birth is the principal way for acquiring the citizenship of Lithuania. On regulation of the problems of the citizenship of children in Lithuania, a priority is provided to the right of blood principle (jus sanguinis), i.e. a child acquires the citizenship of the parents, independently on the place of birth (within the territory of Lithuania or out of it).

The cases when a child acquires the citizenship of Lithuania by birth independently on the state of birth include:
1. Both parents of the child are citizens of Lithuania;
2. One of the parents of the child is a citizen of Lithuania;
3. One of the parents of the child was a citizen of Lithuania; however, he (she) died prior to birth of the child;
4. The parents of the child are stateless persons and permanently reside in Lithuania and the child had not acquired a citizenship of another state;
5. The father or the mother of the child is a stateless person that permanently resides in Lithuania and one of the parents of the child is unknown and the child had not acquired a citizenship of another state.

The citizenship of children born after the entry of the Law of Republic of Lithuania on Citizenship (as of 01 April 2011) into force is fixed in a document certifying the fact of birth of the child on registration of the birth.. The citizenship of children born between 22 July 2008 and 11 April 2011 is fixed in the Lithuanian Population Register on issue a citizenship certifying document.

Prior to application for issue a passport of a citizen of Lithuania to a child, one should obtain the Certificate of Birth of the child. The Certificate of Birth shall be issued by a civil registry institution, and a passport of a citizen of Lithuania – by a Migration Service or Lithuanian Embassy.

Dual citizenship of children
In course of growing of the number of Lithuanians that go for residence abroad and the number of children born abroad or born in a family where one of the parents is a citizen of a foreign state, the problem of dual citizenship becomes more and more important. In Lithuania, a child can be simultaneously a citizen of Lithuania and citizen of another state (to have a dual citizenship), if the child acquired the citizenship of Lithuania and the citizenship of the other state by birth. The requirement of choosing a citizenship in the age of 21 years is not applicable anymore. If a child acquires the citizenship of Lithuania by birth and acquires a citizenship of another state later, the competent institutions shall be informed on acquisition of the citizenship of the other state no later than within 2 months from the moment of the acquisition of the citizenship of the foreign state. In such a case, the problem of losing the citizenship of Lithuania by the child shall be examined and the child may lose it, unless the circumstances enabling to be a citizen of Lithuania and citizen of another state (to have a dual citizenship) are established.
If a child was born in the period between 11 March 1990 and 22 July 2008 and acquired the citizenship of Lithuania and the citizenship of the other state by birth, the parents of the child should apply to competent institutions for ascertaining the fact of acquisition of the citizenship of Lithuania by the child – to submit an application on considering the child a citizen of Lithuania and other documents. The parents may apply for ascertaining the said fact until the child becomes 18 years old. A birth of a child should be registered or fixed in a register in Lithuania.

On applying for ascertaining the fact of acquisition of the citizenship of Lithuania by the child, the following documents shall be submitted.
1. The application on considering the child a citizen of Lithuania;
2. The Certificate of Birth of the child;
3. Documents certifying that on the moment of birth of the child, his (her) parents or at least one of them were (was) citizens of Lithuania;
4. Documents certifying that child had acquired a citizenship of another state by birth.
The application on considering the child a citizen of Lithuania shall be completed in Lithuanian and the enclosed documents, if they are executed in a language other than Lithuanian, shall be translated into Lithuanian. Copies of documents shall be certified according to the procedure provided in legal norms of Lithuania.

Documents issued by institutions of foreign states shall be certified by Apostille or legalized, unless otherwise is provided by international treaties of Lithuania or legal norms of the European Union.
The documents shall be submitted to a diplomatic mission or a consular institution in a foreign state or to the Migration Department in Lithuania.

If a child was born after 22 July 2008 and acquired the citizenship of Lithuania at birth, the parents of the child may apply for issue a passport of a citizen of Lithuania to the child. Prior to application for issue a passport of a citizen of Lithuania to the child, the fact of birth of the child shall be fixed in a register in Lithuania, if the child was born out of Lithuania and his (her) birth was registered abroad.

Other cases of citizenship acquisition by children include:

When parents of a child (or one of them) are unknown, died, missing, legally incapable or their power in respect of the children is restricted:
A child found or residing in the territory of Lithuania shall be considered born in Lithuania and acquire the citizenship of Lithuania, if such a child is not citizen of another state and no circumstances that would enable the child to acquire a citizenship of another state exist and his (her) parents (or a parent, if the child had only one parent) are (is):
1. unknown;
2. dead;
3. recognized missing;
4. recognized legally incapable;
5. the power or the parents (the father or the mother) in respect of the child is restricted and the child is under a tutelage (wardship).

The citizenship of an adopted child:
A child adopted by citizens (or a citizen) of Lithuania shall acquire the citizenship of Lithuania from the moment of the adoption. If a child having the citizenship of Lithuania is adopted by aliens, the child will remain a citizen of Lithuania independently on becoming a citizen of another state (or not) after the adoption. A child adopted by a citizen of Lithuania and a citizen of another state may remain a citizen two states up to the age of 21 years. In the age of 21 years, such a person shall make a decision on choosing a citizenship.

If the citizenship of Lithuania is reinstated for the parents of a child or the parents of a child acquire the citizenship of Lithuania in another way:
When the citizenship of Lithuania is reinstated for the parents of a child or the parents of a child acquire the citizenship of Lithuania in another way, the child shall acquire the citizenship of Lithuania, if he (she) is less than 14 years old. In the age between 14 and 18, consent of the child for granting the citizenship of Lithuania in writing is required. Such a child may be only a citizen of Lithuania, i.e. have no other citizenship.

 

FREE analysis of your options for obtaining Lithuanian citizenship 

The lawyers of MIGRATION LAW CENTER offer a free legal analysis of your options for obtaining Lithuanian citizenship. To receive a detailed analysis, please complete an application form by clicking this link – FORM.

Following a thorough legal analysis of your options that would allow to obtain Lithuanian citizenship, our lawyers will provide you with a written response (analytical results) regarding your options of obtaining Lithuanian citizenship and further requirements as well as procedure processes.

 

Read more:

Lithuanian Citizenship. Reinstatement of Lithuanian citizenship while retaining the current citizenship (dual citizenship)

Lithuanian citizenship for exiled citizens. Dual citizenship in Lithuania.

 

If you have any questions regarding Lithuanian citizenship or should you require more information or help, please contact us by e-mail info@migration.lt or tel. + 370 6 1861886. We will gladly help you.